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Delhi court grants time to CBI to reply on Kavitha’s plea opposing interrogation

Apr 06, 2024 04:18 PM IST

Kavitha, in her application filed through her counsels, argued that the application was filed by CBI without her being informed and that the agency may not have divulged the facts

New Delhi: A Delhi court on Saturday granted time to the Central Bureau of Investigation (CBI) to file its reply on an application moved by K Kavitha opposing the order allowing the central agency to interrogate her in judicial custody in connection with the now-scrapped Delhi excise policy case.

Bharat Rashtra Samithi MLC K Kavitha (File Photo)
Bharat Rashtra Samithi MLC K Kavitha (File Photo)

The Bharat Rashtra Samithi (BRS) leader was arrested by the Enforcement Directorate (ED) on March 15 in the same case and has been in judicial custody at Tihar Jail since March 26. On Friday, special judge Kaveri Baweja granted permission to the CBI to interrogate Kavitha any day next week.

In her application, Kavitha has sought to keep the order in abeyance until a copy of the application moved by CBI is provided to her and she has been given an opportunity to file a reply.

Also Read: Delhi court allows CBI to quiz Kavitha in excise case

CBI had on Friday approached the court seeking permission to quiz Kavitha while she is in judicial custody.

The agency had submitted before the court that they wanted to interrogate her in connection with WhatsApp chats retrieved from the mobile phone of her chartered accountant and another accused in the scam, Butchibabu Gorantla, and some documents and phones recovered during the investigation.

Kavitha, in her application filed through her counsels, argued that the application was filed by CBI without her being informed and that the agency may not have divulged the facts.

It may have concealed, as well as, misrepresented certain facts that may have gone into the mind-making of the court, her application to the court read.

Appearing for Kavitha, senior advocate Vikram Chaudhari, along with advocates Nitesh Rana and Deepak Nagar argued that a status quo be maintained unless they are heard on the application.

The special public prosecutor, appearing for CBI, sought time to file a reply to the application moved by Kavitha.

The counsel for Kavitha urged the court to grant an interim relief of putting the execution of the order passed on Friday in abeyance. However, after hearing both the parties, the court refused to grant interim relief and listed the matter for hearing on April 10.

Also Read: Delhi excise case: ED acting as ‘persecuting agency’, K Kavitha’s lawyer tells court

Kavitha had previously moved a regular bail application, which is pending before the court. She had also moved an interim bail application on which the court is likely to pronounce orders on April 8.

Apart from being under the scanners of ED, Kavitha is also under scrutiny by the CBI, which issued summons to her in February in connection excise policy case. Despite the summons, Kavitha cited an exemption granted by the Supreme Court and did not appear before the CBI.

While Kavitha has not been formally charged in any of the six ED charge sheets filed thus far, she has been referenced as a significant figure in court documents.

The primary allegation against Kavitha revolves around her alleged involvement in a bribery scheme, known as the “South Group”, which allegedly paid kickbacks worth Rs.100 crore to Aam Aadmi Party (AAP) leaders in exchange for preferential treatment in securing retail zones under the Delhi excise policy.

The Delhi government’s 2021-22 excise policy aimed at revitalising the liquor business in the city came under scrutiny, leading to a recommendation by lieutenant governor VK Saxena for a CBI probe into alleged irregularities within the regime, ultimately resulting in its cancellation.

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